The state executor may refuse to open enforcement proceedings – list of cases
According to part 4 of Article 4 of the Law of Ukraine "On Enforcement Proceedings," the state executor does not open enforcement proceedings in all cases.
As indicated by the Kyiv Interregional Department of the Ministry of Justice, the law defines the grounds on which a notice of return of the enforcement document to the claimant without acceptance for execution may be issued.
In particular, this is possible in the case of:
- missing the established deadline for presenting the enforcement document;
- if the decision has not yet come into legal force;
- submission of the enforcement document not at the place of execution of the decision;
- non-compliance of the enforcement document with the requirements of the law.
If the legal entity - the debtor is terminated, the execution of the decision does not involve the application of coercive enforcement measures.
According to part 4 of Article 4, the enforcement document is returned to the claimant by the state enforcement service body, private executor without acceptance for execution within three working days from the day of its submission.
In case of non-compliance of the enforcement document with the requirements provided by this article, the claimant has the right to apply to the court or another body (official) that issued the enforcement document to bring it into compliance with the specified requirements.
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